S.Sundaram (Rtd Staff No Fc5300) v. The Managing Directro
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2024 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Sundaram .. Petitioner
Versus
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12 Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri District.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Welfare Fund Trust, Thriuvalluvar House, Pallavan Salai, Chennai - 600 002.
.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to disburse the belated payment of interest amount of Provident Fund, Gratuity, Commutation, Leave Salary amounts and other unsettled benefits Leave Surrender in while in service, ERBS and IRT Share amount with effect from 01.06.2018 within the stipulated time as may be fixed by this Court. 1/5
For Petitioner : Mr.N.Desinghu For Respondents : Mr.K.Raja, Standing Counsel for RR-1 and 2 : Mr.C.S.K.Sathish, for R3
ORDER
This Writ Petition is filed seeking for a direction to the respondents to disburse interest on the belated payment of Provident Fund, Gratuity, Commutation Leave Salary amounts and other unsettled benefits such as leave surrender amount, ERBS amount and IRT share amount with effect with from 01.06.2018 within the stipulated time as may be fixed by this Court.
2. Mr.K.Raja, learned Standing Counsel takes notice for the respondent Nos.1 and 2 and Mr.C.S.K.Sathish, learned Counsel takes notice for the third respondent.
3. When the matter came up for hearing, Mr.K.Raja, learned Standing Counsel for the respondent Nos.1 and 2 would submit that the 2/5
respondent Corporation would settle the dues as also the interest within such reasonable time as may be prescribed by this Court.
4. It is also brought to the notice of this Court by the learned Counsel on either side that in all the similar matters, interest at the rate of 6% per annum has been ordered by this Court.
5. In that view of the matter, this Writ Petition is disposed of on the following terms:- (i) The respondents are directed to disburse the unsettled benefits of leave surrender amount, ERBS amount and IRT share amount to the petitioner, if he is eligible as per the Rules within a period of twelve (12) weeks from the date of receipt of a copy of this order with interest at the rate of 6% per annum from the date on which the amount became due till the date of disbursement;
(ii) The respondents shall also pay interest at the rate of 6% per annum in respect of the belated payment of Provident Fund, Gratuity, Commutation, leave salary already paid to the petitioner from the date on which the amount became due till date of disbursement; 3/5
(iii) If the amounts are not paid within a period of twelve (12) weeks from the date of receipt of a copy of this order, thereafter, the interest shall be calculated at the rate of 12% per annum from the date on which the amount became due till the date of disbursement; (iv) There shall be no order as to costs.
25.04.2024 (1/4) Index : yes/no Speaking order/Non-speaking order : yes/no grs To
1. The Managing Director, Tamil Nadu State Transport Corporation (Salem) Limited, No.12 Ramakrishna Road, Salem - 636 007.
2. The General Manager, Tamil Nadu State Transport Corporation (Salem) Limited, Dharmapuri Region, Bharathipuram, Dharmapuri District.
3. The Administrator, Tamil Nadu State Transport Corporation, Employees Welfare Fund Trust, Thriuvalluvar House, Pallavan Salai, Chennai - 600 002.
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D.BHARATHA CHAKRAVARTHY, J.
grs 25.04.2024 (1/4) 5/5